law and social justice to scheduled tribes vis-À-vis constitution of india and social inclusion in...

SRJIS/BIMONTHLY/ MR. VIJAY M. GAWAS (2880-2893)

AUG-SEPT, 2015, VOL. 2/11 www.srjis.com Page 2880

LAW AND SOCIAL JUSTICE TO SCHEDULED TRIBES VIS-À-VIS

CONSTITUTION OF INDIA AND SOCIAL INCLUSION IN GOA.

Mr. Vijay M. Gawas

(B.Com, LLM, NET, M.A) Asst. professor-cum-Asst. Director, UGC, Centre for the Study of

Social Exclusion and Inclusive Policy, Goa University, Taleigao Plateau,GOA – 403206

This paper attempts to highlight the lack of tribal development as well as legal attention

through governance in the state of Goa. In response to this, is it developed in a conceptual

model of inclusive framework for which the methodology of research adopted is of

observation for its assessment? During the course of survey done by visiting 50 households

in Tiswadi -Taluka of North Goa District, which has been observed through various

problems face by tribal people, is analyzed. This indicates that around 60% of the tribal

populations statues of socio-economical condition is very weak, which expresses the degree

of low social-economic development.This paper also takes into account the constitutional

Rights of Scheduled Tribe which is a major factor in the state. The main objective is to find

out accessibility of social justice to Scheduled tribe and to study the concluding effect.

Besides this it also attempts to find out states initiative to prepared necessary welfare policy

programmes through the enactments related to tribal people. In this research the secondary

data from books, articles, journal, newspaper etc. have been used. This paper is prepared

with the help of data which is collected from Directorate of tribal welfare, Government of

Goa.

Keywords: Customary Law, Movement, Inclusive Framework, Legislative.

Introduction

In Goa, the majority of tribal communities reside in the hilly areas of Sanguem, Quepem,

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Abstract

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Canacona, Sattari, Ponda, Salcete, Bicholim, Marmagao, Dharbandora and Tiswadi talukas.

The pre and immediate post Liberation Goa, was fully ignorant to upliftment of Soci-

economic condition of Scheduled Tribe of Gawda, Kunbi and velip Communities.

Historically, the Scheduled Tribes were Systematic exclusion of individual and group from

one or more dimension of society such as structure of power and privileges, opportunities and

resources. In course of human development exclusion has taken the form of segregating a

group of people from the social, political, economic, cultural, educational and religious

domains of societal life. After the Independent of India in 1950, the Constitution of Indian

adopted and inserted significant principles of justice, equality, liberty and fraternity,

guaranteeing the same to all citizens of India. The Constitutionally Safeguarded rights of

Scheduled tribes are recognized because they are obviously tangible, but Indian Constitution

has various dimensions of rights to protect the interest of Scheduled tribes and it is very easy

to understand the dimension of constitutional Safeguard rights of Scheduled tribes. For past

many decades, the issues of plight of tribal communities of Gawda, Kunbi and Velip existed

in Goa. Even today most of the Scheduled tribes Communities still continued to be a

marginalized from the society on ground of Socio-economic development in Goa. As a result

there was deprivation of the mainstream of Constitutional benefits, fundamental rights and

enough opportunities for participation of social, economic, political and cultural aspects of

Scheduled tribes in Goa.

Tribal customary law of Goa and its status in ancient Period.

In ancient time the Gawda tribes had introduced the legal system in the form of various

traditional institutions and practises which were through the customary. Accordingly to these

institutions indicates mostly positive impacts.

It has resulted in a new identity search among most tribes of the Goa because of a feeling that

modern institutions devalue their culture. The tribal people namely Gawda,Kubi and velip

communities never demanded for the recognition of their customary law. A major cause is

what the people perceive as an effort to impose another culture on them.

Historically, the Indigenous people the Gawda, Kunbi and Velip Communities who are

recognised as the first settlers, are the founders of the villages and inhabited in forest areas.

And they were fully attached with land, forest, livestock and wildlife.

Over all the Gawda tribes had introduced a legal system in the form of traditional institution

called as Gavapon or Gaonkary System in Vernacular language. The customary law of

traditional institution into Gavapon or Gaonkary System are usually developed into



uncodified legal system and practiced by Scheduled tribe in Goa. In ancient time the custom

and usage traditionally observed among scheduled tribe in Goa.

Under the customary law of Gavapon or Gaonkary System the main aim was to cultivate the

land for agricultural purposes. It evolved to planted, organized and developed over many

years with their own rule and regulation called as mand in Vernacular language.

In addition, the Concept of traditional institution of Gaonkary system had adopted a wider

inclusive framework for Social-Economic development and legal framework within their own

customary law.

During the Colonization process, there was worse effect on tribal’s life, as they were forced

and from the hills or take Shelter in dense forest areas. In common parlance, the tribal

communities were perceived in isolated areas and they were leading a life of social exclusion

in Goa. At the time of colonial period Portuguese destroyed the uncodified legal system

which was practiced by Indigenous peoples in Goa. The following ingredients of willfully

codified traditional institution by Portuguese ruler during colonial period are laid down as

under:

A. Developed the customary law by Tribe in Goa.

The Tribal People of Gawda,Kunbi and Velip Communities had developed the legal system

into this institution i:e Gaonkary system in Vernacular language. The development of

customary law in traditional institution and members belong to Gawda tribes were handled

systematically to Generate vast revenue from agricultural sources and distributed the same

among the farmer. That all farmers belonging to tribal community had cultivated the crop on

cooperative basis and such as there was no private ownership of lands, as the entire land was

the common resources of the community.

The village headman of Gawda tribe use to pass the decisions on mand (holy place) and his

decisions were binding on entire village of tribal communities. Prior that all tribal peoples

were coming together on mand (holy place) and take the decision collectively on cultural

activities .Among the tribal people appointed one Zalmi or Velip as priest to do spiritual

things. During first and second colonization period there were many kingdoms which did not

disturb the practice of customary law but this kingdom collected tax which generated revenue

from this institution.After third colonization process was begun the Portuguese scholars took

keen interest regarding generation of the revenue from the institutions. In ancient time, there

was no ruler to govern the state directly to mark jurisdiction of boundary and no ownership of

land in Goa. The Portuguese scholar had taken vast potential interest on these institutions of



Gaovpan and they had come to know in clear cut terms so as to how these institutions can be

overt taken and controlled.

B. Willfully Codified Traditional Institution into Code of Communidade.

The Great Scholars of Portuguese like Filippe Nery Xavier at etc were Successful to Codify

of traditional institutions of Gavpon into code of Communidade. The conspiracy between

Portuguese ruler and affluence class to take over the tribal institution and lands under their

own controll. The large number of the tribal’s land goes under control of communidade and

partially land was fully possessed by affluence class in Goa. In between this period the large

quantum of tribal land was take over possession by church, temples, and affluence class who

are dominated over the tribal communities of Goa.

C. Nullified or exclusion of individual rights over Land.

After codification of Customary law i.e traditional institution of Gavpon into code of

Communidade and all the rights to tribal peoples was nullified. Because there was no legal

control over land form tribal communities and their individual right being remain null and

void. The key role played by church, communidade, and affluence class who are take over

the possession of Lands from tribal communities of Goa.

D. Colonial Grand designed to forcibly convert and Capture of the Lands i.e. Colonial

Control.

In Goa the affluent class has conceded to foreign invader with intention to take over control

of lands belonged to tribal communities in Goa. With the entry of third colonization process,

of the Portuguese rulers saw the vast revenue Generated into Local indigenous institutions.

The higher class had tendency to concealed Diplomacy with Portuguese ruler, see to how to

tackle the local indigenous peoples. The process of guiding policy was dictated by higher

class to Portuguese ruler to destroy the Mand (holy place).

The colonial rulers were moved in appropriate direction given by higher class to destroy the

Mand (holy place) and take over the control over the lands revenue.

Secondly, the Portuguese rulers were forcibly converting the local people’s i.e Gawda tribes

in seventeen century with intention to take over the control of land in Goa. During the

Portuguese colonial period, the priest who cleverly issued an ordinance from church and

made an announcement to those who renounce himself and accept Christianity faith will be

allotted small portion of village land. Automatically, the higher classes renounced Hinduism

and accept Christian faith but local indigenous peoples were far away from the hidden policy

of Portuguese Administrators. Very soon the Portuguese rulers in collaboration with the



higher class took over the possession of land and destroyed the customary law of indigenous

peoples in Goa.

E. Denial of ownership rights of natural resources, land, forest and Temples.

The whole Portuguese Administration was controlled by higher class during colonial period

in Goa. The important role were played by higher class who worked under Portuguese

Administration and denied them the ownership rights over natural resources, land, forest and

temples. Moreover, the higher classes advised the Portuguese administrators to issue various

acts to control over temple lands.

Meanwhile, the Portuguese administrators had enacted law i.e. Devastan Mazan Act in 1883,

which affected the tribal peoples became under this law, the right over the Temples were

automatically became null and void.

Tribal Rights movement in Goa

In this current phase of the movement, thousands of grassroots tribal’s took to the streets

under the leadership of their movement in the state of Goa for fighting their own civil rights.

Many of the issues faced by tribal today have their traces in the past. The history of Tribal’s

movement can provide an insight into many of the contemporary problems. The successful

strategies for the future cannot be built without the strong foundation of the understanding of

the past. In 19th Century tribal right Movement, in post liberation period have brought to

fore wide range of tribal’s concerns. There have been various ideological shades in the

tribal’s movement. The tribal’s organisations have an elitist bias. The tribal from

marginalized sections in rural areas have mobilised to fight for rights.

When India gained independence in 1947, the President of India promulgated Schedule Caste

and Schedule Tribe Order in 1950. After liberation the first MGP (Maharashtra Gomantak

party) Government, immediately after coming to power in 1964, had recommended to the

Union Government to include three communities under list of scheduled tribe category.

The state had made a sincere effort to lead the socio-economic development programmes in

Goa. Although, the rapid developmental activities were carried out by the Central

government since after liberation of Goa, the original settler were marginalized from

mainstream in socio-economic development in State”14

.

Thereafter, as per as the Constitution (Goa, Daman and Diu) Scheduled Tribes order, 1968

and as inserted by Act 18 of 1987, only five communities were notified as Scheduled Tribes

namely Dhodia, Dubla, Naikda, Siddi and Verli, from Daman and Diu, and other three



communities were of Gawda,Kunbi and Velip were excluded in the list of scheduled tribe

category

In 1970’s and 1980’s decades the first movement began from tribal communities of Gawda,

Kunbi and Velip in Social, economic & political field and with interest of protection of

human rights and Constitutional rights in the State of Goa.

Thus, in 1980, the Gawda, Kunbi, Velip and Dhangar Federation were formed and thereafter

in the year of 1984, Goan Organizing Association (GOA) was formed. But after

consideration of the tribal demand the state government decided that the tribal communities

of Gawda, Kunabi and Velip are to be wrongly included in the list of OBC in 1980. Since

then the process of development of tribal communities has stopped.

In according to the realities of living standards of Scheduled tribes of Gawda, Kunabi and

Velip Communities are more complicated than the assumption about the risk of deliberate act

of omission of low development. As a result of low income, dependency, unemployment and

lack of development are generally seen as the main risk factors for social exclusion.

While analyses the process of four decades began from 1962 up to 2003, the tribal

communities of Gawda, Kunbi and Velip are totally isolated from mainstream in socio-

economic development in Goa. The socio-economic Condition of Scheduled tribes were very

worse because when they are excluded from the constitutional Benefits in the list of Schedule

Tribe Order 1968.

The members of new tribal’s groups believe in fight against all forms of discrimination,

harassment and consider tribal as an oppressed class. The castes and communalism is also

one of the most effective weapons utilised by the patriarchal social order.

The state practice discriminatory attitudes towards tribal people of castes and classes but

economic development of tribal’s was a minimum necessary condition for tribal’s liberation

but it is not enough. The tribal peoples are fighting for rights in socio-economic, cultural,

educational, political fields to achieve equity that would lead to equality. In Goa the tribal

peoples were demanding equal career advancement and raising the bar for socioeconomic and

political achievements. Tribal’s issues have to be fought on a day to day basis. Gender

inequality, injustice and discrimination are the major reasons why tribal are unable to show

their skill and ability along with other Non-tribal’s. Finally, the tribal leaders decided not to

remain silent for the status of Scheduled tribes and all tribal community leaders took strong

lead in the movement of tribes in Goa and were strongly supported by the communities in

1998 to 2000. On 10th

March 2001 the Goa State Scheduled Tribes Action Committee was



formed. And thereafter December 2002, Schedule Caste and Scheduled Tribe amendment bill

2002 was passed in the parliament and three communities of Gawda, Kunbi and Velip were

notified as Scheduled Tribes in the list of Schedule Caste and Schedule Tribe amendment

order Act 2003 but till date they did not get any tangible benefit from state and Central

Government.

Inclusive Framework under Constitutional of India for welfare of Scheduled tribes.

The Indian Constitution provides to safeguard to Scheduled Tribe which is socially isolated

and economically backward in the society, because they shall enjoy economic benefits to

improve their financial and social position. Under such circumstance the Scheduled tribes of

Gawada, Kunabi and velip Communities not availed any constitutional benefits. The

inclusive frameworks to lead the welfare of Scheduled tribe under Constitution of India,

Some specific provisions which are made for inclusive framework to advance development of

Scheduled Tribes are as under:

(1) Social Protection of Scheduled Tribe:

The Social protection provisions relating to fundamental rights have been qualified with

reasonable restrictions in favour of Scheduled tribes. The significance Articles 14 “the state

shall not deny to any person equality before the law or equal protection of the laws within the

territory of India.

In Article 15 prohibits discrimination against any citizen on grounds of religion, race, caste,

sex or place of birth. Therefore, enables a State government to make special provisions for

advancement of members of Scheduled castes and Scheduled tribes under Articles 15 clause

(4). And in article 16 provides for opportunities for all citizens in matters relating to

employment or appointment or post in favour of Scheduled castes and Schedules tribes.

The following right should be protected under Articles 19 of Indian constitution as Right to

freedom of speech: Right to assembly: Right to form and join associations/movements and to

unionization. The Constitution of India has specified the Certain Rights like Right to life and

security of life, Right to health, etc.

The framers of the Indian Constitution were anxious to ensure the betterment of the

Scheduled Tribes and under Article 46 epitomizing the policy, called upon the state (Central

& State government) to promote with special care the educational and economic interests of

Scheduled castes and Scheduled tribes and protect them from social injustice and all forms of

exploitation. It is a comprehensive article comprising both the development & regulatory

functions.



Economic Provision for Empowerment of Scheduled Tribe.

In the state of Goa, three Communities namely Gawda, Kunabi and Velip were notified as

Schedule Tribe in the year 2003.The Survey revealed that the total Scheduled tribe

Population of the State was 1, 49,056 which is around 10.23% of the total Population of the

State as per 2011 Census.

After notifying the Scheduled Tribe of Gawda ,Kunbi and Velip in Goa, till date they did not

get any Constitutional benefit .Therefore, the state Government has not prepared any other

Economical development Programs or tribal development Strategy in Scheduled tribe area.

Now the State Government needs to take Steps regarding for declaration Vth

Schedule of

Constitution indicating area were more tribal Population exist in Goa.

Yet, the Government of Goa has not taken any initiative Step for notifying the Vth

Schedule

area in Goa. The Vth

Schedule area means the administration of the tribal people which has

Consttution placed the responsibility for their welfare on popular governments through the

President and Governors.

For planned development availability of financial resources as per Article 275 and executive

machinery as per Article 244 and the fifth & sixth schedule of the Constitution have

relevance? The First Proviso to Article 275(1) of the Constitution of India guarantees grants

from the Consolidated Fund of India each year for promoting the welfare of Scheduled Tribes

and in pursuance of this Constitutional obligation, the Ministry of Tribal Affairs provides

funds through the Central Sector Scheme "Grants under Article 275(1) of the Constitution".

The objective of the scheme is to meet the cost of such projects for tribal development as may

be undertaken by the State Governments for raising the level of administration of Scheduled

Areas therein to that of the rest of the State. The Fifth Schedule to the Indian Constitution

lays down certain prescriptions in regard to the Scheduled Areas as well as the Scheduled

Tribes in States other than Assam, Meghalaya, Tripura and Mizoram. With the provision in

the fifth schedule which enables state to frame of administration to concretise the directives

contained in Article 46 and the term scheduled areas encompassed all areas the President of

India notifies under the fifth Schedule. The Governor has been made responsible for the

peace and good government of scheduled areas. Under the fifth schedule a provision is made

for setting up a tribal advisory council which is consulted by the Governor in relation to his

regulation making powers, beside this Article 339(2) empowers the Centre to give directions

to a State asking them to draw up and execute schemes to the welfare of Scheduled tribes.

The state Government has reserved the only 10.23 % fund for tribal development for the total



tribal Population in Goa .Even the state Government has not set-up any Tribal Advisory

Council for tribal development in Goa. The Tribal Advisory Councils is important to advice

on matters pertaining to the welfare and advancement of the STs (Article 244(1)). In India

there are nine States having scheduled Tribe areas, viz., Andhra Pradesh, Gujarat, Himachal

Pradesh, Madhya Pradesh, Maharashtra, Odissa, Rajasthan, Chhattisgarh and Jharkhand.

Without the declaration of State of Goa under Vth

Schedule area or setup the tribal Advisory

Council is impossible to lead the tribal development programmm in Scheduled tribe area in

Goa.

(2) Political Reservation for Scheduled Tribe: Of all empowerments with their

importance, political empowerment may be considered more important one. The

empowerment is meant for participating in political decision-making process and the process

normally affects society. Under Articles 40 of Indian Constitution Which mandates the state

to take steps to organize village Panchayat and endow them with such powers and authority

as may be necessary to enable them to function as units of self-government.

This was achieved only by the 73rd and 74th constitutional amendments to the Scheduled

areas through the provisions of the Panchayat (Extension to the Scheduled areas) Act, 1996 to

ensure effective participation of the tribal in the process of planning and decision-making.

The Reservation of seats for Scheduled Castes and Scheduled Tribes under Articles 330, 332,

and 334 of India constitution and this entire article has been amended five times, extending,

the said period by ten years on each occasion.

Legislative Enactment

India has passed various laws to protect the rights and interests of the depressed class like

Scheduled Castes and Scheduled Tribe in order to fulfill the Constitutional Provisions

pertaining them. These include:

(i) the Protection of Civil Rights (Anti-Untouchabilties) Act, 1955;

(ii) the Bonded Labour (Abolition) Act, 1976;

(iii) Scheduled Castes and Scheduled Tribes (Prevention Atrocities) Act, 1989 and Rules

1995.

(iv) The Panchayat Raj Extension of the Scheduled areas Act, 1996.

(v) The Scheduled Tribes and other Traditional forest dweller ( Recognition of forest

rights) Act,2006;

(vi) Finally, to monitor enforcement of some of these laws, the Central government

established the National Commission for Scheduled Castes.



Weakness of State Inclusive Framework polices to lead the development programmers

in Tribal’s Areas:

These discussions, including the growing evidence that reducing inequalities and growth may

not need to be conflicting objectives and preamble of India constitution of India. Every Five

Year Plan the economic development scheduled tribe in the state of Goa was actively shaped

by the un-planning process. The ability of the state government led growth process to achieve

broader Economical developmental which laid down preamble under constitution of India

seems to be very weak and the broader, overarching vision for economic development is hard

to find. The growing inequalities and inequality can hamper growth. These questions were

arise with regard that state need to take leads in the tribal’s economic empowerment and

broader concept of inclusive growth with emerged in the state debate. This thus takes the

debate on inclusion beyond a common focus on social protection, and investigates

inclusiveness policies in the state of Goa. In this regard, the following weakness of Inclusive

Framework polices to lead the development programmers of Scheduled Tribes in Goa have

been recommended as under:

(i) Lack of constitutional Benefit to scheduled tribes in Goa.

India has already celebrated 68 year of Independent, besides Goa celebrated the golden

jubilee of liberation but still the scheduled tribe of Gawda,kunbi and velip communities are

not fully enjoying the Rights which deal under Constitution of India. The Constitutional

makers incorporate some of the provisions to the constitution of India which provide status

and opportunity to all including Scheduled Tribe. The main object of these rights is to

provide to all the people including the Scheduled Tribes equal justice and social justice.

The state Government policy shows the Weakness of Inclusive Constitutional Framework

due to ignorance of constitutional rights to Scheduled Tribes in Goa. Besides the Constitution

also gives the direction to the legislatures to chalk out the various government policies and

programmes for the benefits of Scheduled Tribes. Since liberation of Goa, no initiative was

taken by state Government to notify V scheduled area, set up tribal Advisory Council and

implement tribal-sub plan in Goa. The fundamental rights do not merely contain civil and

political rights traditionally known as civil liberties but they also ensure social and economic

justice which is also given to the people of India in general including the Scheduled Tribes in

particular. The Directive Principles of State Policy also ensure justice to the vulnerable

sections.

(ii) Lack of enactment of Laws by State Government:



The state Government has show lack of interested towards the Scheduled tribe Communities

to pass the new laws in legislative Assembly for restoration of tribal lands. Even they are not

showing any keen interest for bringing the various amendments of restoration of land and

protection of interest of tribal peoples in Goa.

Majority of the tribal peoples face atrocity from Administration, Politician, businessman,

forest officer, communidade, higher class and private persons. The massive development and

illegally possessed or acquired agricultural and Non-Agricultural land from tribal

communities without paying the rate of market price. Therefore, the livelihood of scheduled

tribe is jeopardy in the state of Goa.

(iii)Increase in inequality or discrimination in Administration Level.

The Nature of Administrators attitude for any tribal development approach is important factor

but administration lead by Non-Tribal’s has dominated the Government Machinery in Goa.

Because mostly the Non-Tribal offices or administrators have not shown any keen interested

to frame inclusive policy of tribal development, Scheme or any other project to lead in

Scheduled tribe area.

The Constitutional inclusive framework should be provided with fundamental guarantee of

Artciels 14 Right of equality and Articles 15 for prohibition of discrimination on ground of

race, cast creed and religious etc.Under constitution of India and Indian legislative acts have

several provisions to require the state as well as scheduled tribe and Schedule cast

commission to identify and eliminate discrimination and ensure equality.

The important role for state and scheduled tribe commission should go toward achieving

goals and targets to indicate the direction at reducing discrimination and ensuring that the

social and economic needs of the most tribal communities are being addressed fairly, and at

reducing discrimination.

(iv) Lack of Schemes, projects, Strategies and programmers in Goa.

The major drawback of Government of Goa is that it has not prepared an effective inclusive

policy for the welfare of the Scheduled Tribe Communities. The State has not even taken

initiative to frame the inclusive Policy of Programs, Strategy and Projects to lead in tribal

areas. Thus, the discrimination is a main root of cause of social exclusion which has been

deliberate strategy to neglect the development of tribal communities in Goa.

Even Director of Tribal Welfare and Tribal Minster of Goa is supposed to take the initiative

for framing the various tribal welfare policies and development programmes taking into

account most of the needy tribal people inhabiting a particular taluka, district and village.



The key role the state can play is to adopt the mechanism plan for the welfare of the

Scheduled Tribes in Goa, and certain dimension-based approach to lead the tribal

development programmes in Goa. The first phase is to promote development programmes

through planned efforts in Scheduled Area in Goa. The second phase is to protect the interest

of Scheduled Tribes through Constitutional, legal and administrative support in Goa.

(v) Lack of understanding the concept of inclusive policy.

Meanwhile, the emergency of understanding of the concept of inclusive policy by way voice,

of dedicated and effective tribal leadership has exposed the double standards of state

machinery mend for working for tribal development in Goa.

It is pertinent to analyse the numbers of factors which are responsible for deprivations

suffered by these tribal communities even after 50 years of liberation of Goa. Eventually, it

can be seen that all these Government Machinery, political parties including the National and

Regional party never tried to understand the basic concept for inclusive policy to implement

and worked for the betterment of the tribal population in Goa.

The concept of inclusive growth policy which leads to the soci-economic development

programmes in tribal dominated area .with collaboration all of concerned departments to

prepare inclusive programmes to improve the standard the living of Scheduled tribe in Goa.

Huge amount of funds were allocation for tribal peoples in various departments for utilization

of this funds for tribal development with suitably tailored schemes or projects for welfare of

tribal peoples in Goa.

Suggestions to adopt measure steps for Inclusive framework policy. In this regard, the

following suggestions have been mention as under: The Directorate of tribal welfare must

have maintained track data on tribal population base on socio-economic group. The Scheduled

Tribes population in ruler areas has observed higher growth rate than total urban areas. The

comparison of percentage of Scheduled Tribes population shows that Goa has higher

percentage of total tribal population in rural area. Thus, the state tribal welfare department must

take initiative to conduct survey to gauge the actual position or condition of scheduled tribe

communities in remote area for social, economical, political, legal and cultural aspect, and also

adopt stop to bring the tribal’s in the mainstream of Tribal development in Goa.

(i) The state of Goa Government must give access to Scheduled tribe communities by

providing to Scheduled Tribe. It is considered to be the main accelerator for the progress and

the improvement of the status of Scheduled Tribes. The state government should appoint a

special committee to conduct survey to identify those who are not getting the higher



education through professional, non-professional and vocational courses.

(i) To make awareness among Scheduled Tribes regarding their Constitutional and other

legal rights in village, District and state level.

(ii) To Declare of Vth

Schedule Tribal area in the state of Goa.

(iii) To set up the Tribal Advisory Council in the state of Goa, this will be responsible for

Prepare tribal development welfare Scheme and project through Tribal Sub-Plan.

(iv) To strengthen implement the Scheduled tribes and other Traditional Forest Dweller

(Recognition of Forest Rights) Act, 2006. Because those tribal peoples who traditionally are

cultivated kumari land in forest and to Secure there Right of dwelling house.

(v) To strengthen the grass root democratic institutions through (Panchayat Raj

Institutions) and Gram Sabhas as per the provisions of 73 and 74 amendments and PESA Act,

1996.

(vi) To Allocation special funds by way budgetary provisions done adequately for tribal

development and their welfare

(vii) To provide free legal aid to the members of the Scheduled Tribes in the state of Goa.

(viii) To strengthen the SC/ST (Prevention of Atrocities) Act, 1989 in the state of Goa and

provides the immediate relief and compensation to victim persons.

Conclusion: The Constitutional protections afforded to improve the conditions of the

Scheduled Tribes are still need to be extended to them appropriately. Even today the

Scheduled tribes of Gawda,Kunbi and Velip Communities were face such kind of

discrimination, humiliation and injustice from the non-tribal communities in the state of Goa.

The State should take initiative in securing the social justice as it is duty bound to implement

the welfare programmes to be launched in the tribal area. It should also ensure to provide free

legal aid and reservations done through in existing law, and Constitutional provisions by

strictly adhering to protect the interests of Scheduled Tribes in Goa.

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